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Fitial vetoes reserving public lands on Tinian
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Posted on Oct 10 2008
Gov. Benigno R. Fitial has vetoed a bill designed to reserve certain public lands on Tinian for agricultural homesteads and commercial uses, saying it is against the Constitution.
The vetoed legislation proposed to give the Tinian mayor, the Tinian municipal council, and the Tinian legislative delegation authority over 524 hectares of public land on Tinian.
Fitial, in his veto message to the Legislature, said that the measure violates Public Law 15-2, the statute that created the Department of Public Lands and designated it as the agency responsible for the administration, use, leasing, development, and disposition of public lands.
More importantly, the governor said, the bill violates the Constitution, which designates the management of public lands to the Executive Branch. The measure, he noted, would change that constitutional mandate, as it will allow Tinian officials to share management authority.
“Therefore, approval would be meaningless as it would be unenforceable,” Fitial said.
The bill proposed to reserve some 140 hectares in the Chalan Famalao’an area for commercial and other purposes, as determined jointly by Tinian’s mayor, municipal council, and legislative delegation. About 40 hectares of the area will be reserved for agricultural or residential homestead lots. In addition, the bill proposes to designate 384 hectares in the Pina area for agricultural homestead lots.
Proponents of the legislation maintain that certain areas must be reserved for commercial use, as there is a limited amount of public lands available on Tinian and there must be resources available for future economic investment opportunities. They also note the long list of Tinian residents who have been waiting for agricultural homestead lots.
